This Code of Best Practices has been created in response to international recommendations and by virtue of the comparative experience in the matter, and its objective is to promote compliance with the highest ethical standards in lobbying activities, strengthening transparency and probity in relations with government agencies, in the terms set forth in Article 1 of Law No. 20 730. For these purposes, lobbying is understood as “any remunerated activity that consists of promoting, defending or representing particular interests, with the purpose of influencing decisions to be adopted by authorities and officials” (Article 2, No. 1 of Law No. 20 730).
Lobbying is a legitimate activity and an important part of the democratic process. By influencing the decision-making process, lobbying can improve the design and outcomes of public policies, both for the benefit of those directly concerned and for society as a whole.
There is, on the other hand, a public expectation that the activity of lobbyists is carried out in an honest and transparent manner, and that the authorities and officials (passive subjects in the terms of the current law) who are contacted by them, can clearly recognise the interests they represent, so that they can make well-informed decisions.
This Code promotes trust and integrity in the decision-making processes of the State Administration and seeks to ensure that contacts between officials and authorities on one hand, and the active subjects of lobbying on the other, are carried out in accordance with the principles of probity and transparency.
In line with the foregoing, those legal or natural persons that lobby in the area regulated by Law No. 20 730 are urged to adopt the following good practices in their relationship with the agencies of the State Administration, as well as with their clients, without prejudice to the obligations established under the law.
1. Principles
1.1. Honesty and integrity: Lobbyists shall conduct and promote honest and upright relationships with government agencies, their clients, the media and the general public, as well as with other lobbyists.
1.2. Transparency: Lobbyists shall provide transparent and reliable information on their activities to government agencies, their clients, the media and the general public, except for information that must be confidential in order to protect the interests of the client.
1.3. Professionalism: Lobbyists shall admit their quality as such in their professional relations, observing the highest legal and ethical standards in the exercise of their work, as well as the prescriptions and recommendations of the multilateral organisations to which the country adheres.
1.4. Compatibility of private interest and public interest: Lobbyists shall promote, defend or represent the private interests of clients without contravening the general interest of the community.
2. Subjection to current regulations
2.1. Regulations applicable to the lobbying activity. The lobbyist shall know and comply with all laws and regulations that are applicable to its activity and that are in force.
2.2. Regulations on political participation. The lobbyist shall know and comply especially with the regulations on financing of political parties and electoral campaigns and, in general, with all regulations applicable to political participation, refraining from infringing the prohibitions or restrictions established therein.
2.3. Refraining from unlawful conduct. The lobbyist shall refrain from engaging in any conduct contrary to the law, and from inducing or causing others to violate the law or fail to comply with their legal duties.
3. Relationship with the client
3.1. Loyalty and dedication to management. The lobbyist shall maintain loyalty to the client's interests and should represent, promote or defend them with vigour and diligence. The lobbyist shall devote adequate time, attention and resources to the representation, promotion or defence of the client's interests, taking into account the client's expectations, what has been agreed with the client and the remuneration for the management.
3.2. Provision of information to the client. The lobbyist shall inform the client in a truthful, complete and timely manner on the following aspects:
a) The obligations to which he/she is subject in accordance with the law in force and the ethical parameters of his/her actions that he/she voluntarily adopts;
b) The risks and alternative courses of action in the representation of his/her interests, so that he/she is in a position to assess them without raising false expectations;
c) Any action, conduct or proposal in relation to the representation of his or her interests that may involve contravening the law, the public interest or his or her ethical duties;
d) The status of the work entrusted to him/her, and any significant matters arising in the course of such work;
e) Any payments, commissions or fees paid to him/her, or any other payments, commissions or fees paid to him/her;
f) Any payment, commission or contribution offered or made by any person or company, which is relevant in any way to the interest of that client.
The lobbyist shall ensure, by reasonable means, the truthfulness and accuracy of the information provided to the client.
3.3. Use of information. The lobbyist shall refrain from disclosing or using privileged or confidential information obtained in the course of his/her activity, except with the informed consent of the client. In particular, from using privileged or confidential information to the detriment of the client, or to obtain advantages or gains unrelated to the management of the client's interests, and in general for any purpose unrelated to the promotion, defence or representation of the client's interests.
3.4. Use of means. The lobbyist shall refrain from advising his/her client to act fraudulently or in breach of the law, or to offer the use of unlawful means. In particular, he/she shall refrain from promising results that do not depend exclusively on his/her professional performance.
3.5. Precautionary principle. Before accepting a mission, the lobbyist shall consider whether the advice or representation poses a serious risk of breaching his/her professional duties towards a client, in which case he/she should refuse the assignment. The lobbyist should also withdraw from the professional assignment if such a risk arises for any supervening reason.
3.6. Termination of representation. Upon termination of the representation, the lobbyist shall take reasonable steps to protect the interests of the client, including notifying the client in advance of the termination of the representation. This is to allow sufficient time for the client to hire another professional, and to provide the client with the documentation relating to the assignment.
3.7. Claiming infringements. The client has the right to report breaches of the law and breaches of ethics by the lobbyist. To this end, the lobbyist shall inform the client in advance of the responsibilities and sanctions established in the applicable law.
4. Relationship with the authority
4.1. Provision of information. The lobbyist shall provide in a timely manner to the respective authorities and officials, the information required by law for the purposes of registration and publication on the active transparency websites and in the consolidated lists of the Transparency Council, always ensuring that the information is reliable and up to date.
In the event that inaccurate or outdated information has been provided, as well as in the event that the authority requires additional information, the lobbyist must provide it as soon as possible and always within the legal deadline.
The lobbyist shall provide precise information on the issue or matter in respect of which he/she is pursuing his/her client's interests.
4.2. Verification of information. The lobbyist shall ensure, by reasonable means, the truthfulness and accuracy of the information provided to the authority.
4.3. Intermediaries. The lobbyist shall refrain from using persons as intermediaries in the representation of a person's interests in order to hide the link with his/her client or not to provide information on such link for the purposes of the registrations provided for in the law.
4.4. Reporting of unlawful or unethical actions. The lobbyist will shall report to the competent authority any misconduct or infringement of which he/she becomes aware in the course of his/her work.
4.5. Undue influence. A lobbyist shall not propose to an official to take any action, or to obtain any information or any decision, in an improper or dishonest manner on his or her behalf.
The lobbyist shall refrain from offering or accepting the granting of any kind of payment, commission, compensation or benefit to an authority or public official as a condition or means to gain access to a contact or information from him or her or to influence any kind of decision.
The lobbyist shall refrain from intruding into the private sphere or personal life of a passive subject for the purpose of influencing decision making in his or her public function.
5. Conflicts of interest
5.1. Principle of independence. Lobbyists shall endeavour not to intervene in matters where their professional judgement could be seriously impaired, for their own interest or for reasons of friendship, kinship, ideological, cultural or other similar reasons.
5.2. Duties of abstention and information. The lobbyist shall refrain from representing a particular interest of a client in conflict with that of another client with respect to the same matter or issue.
The lobbyist shall inform the client of any circumstances that detract from the client's independence or conflict of interest, so that the client can decide in a timely manner how to act.
In the event that taking on the representation of one client could have an adverse effect on the interests of another client, the lobbyist shall inform the client concerned and obtain his/her consent to act, even if he/she is not representing the other client in respect of the same issue or matter.
5.3. Incompatibility with public functions. Lobbyists shall refrain, in the exercise of their work, from influencing authorities or civil servants of the State Administration with whom they have or have had a contractual or family relationship.
The lobbyist shall refrain from hiring persons who are authorities, civil servants or persons who are passive subjects of lobbying according to Law No. 20.730, or former authorities or former civil servants for two years after they have ceased their public functions.
5.4. Other rules. The lobbyist shall strictly separate any personal activity or involvement in favour of a political party from his/her professional work.
The lobbyist shall refrain from investing in the client's securities without the client's prior written permission.
The lobbyist shall inform the client of any involvement, relationship or financial interest he/she has with any other company or person whose services are recommended.